Drug DUI FAQ
Every DUI case is different. What is key to any DUI defense is having an attorney who understands the criminal defense process. From investigation to prosecution there are many factors that can affect the outcome of your case. There are hope and defense in every single case, and you are more than what happened on one occasion. You need an experienced DUI attorney that understands you, understands how you are investigated and where the issues to look for.
Should You Ever Admit To Taking Prescription Medication In Front Of Law Enforcement?
You should NEVER make any statements about using any substance to an officer. Despite what they tell you, they are investigating you for a crime and any statements you give will be used against you. Even if you have a valid prescription, you can still be charged with DUI. It never helps you to make a statement to police without the advice of an attorney. And you have the right not to make any statements. It is important not to get angry or disruptive, but clearly and politely say that you are not going to give any statements without an attorney. Saying that does not give them probable cause and invoking your right not to speak cannot be used against you in court.
Do Additional Drug Related Charges Accompany A Drug DUI Charge?
Typically if there are illegal drugs found in the vehicle, an officer is going to file a separate charge for possession. They will do this because it gives them more evidence against you and gives them another shot at tagging you with a conviction. It is extremely important never to admit to possession anything and never ever consent to a search of your vehicle, your bag or yourself.
What Are The Penalties For A Drug DUI in Oklahoma?
The penalties for DUI drug are the same as a DUI involving alcohol. If it is your 1st offense it will be charged as a misdemeanor that carries ten days to 1 year in county jail. If it is a second DUI in a 10 year period, then it is charged as a felony and carries one year to 5 years in prison.
What Happens If Someone With A Drug DUI Has A Prior Alcohol Related DUI Charge?
It is treated the same as any second DUI; it will be charged as a felony and carry a higher range of punishment.
Will I Be Required To Install An Ignition Interlock Device For a Drug DUI?
The statute requires an interlock device to be installed on any car you drive after two previous DUI felony convictions. If that history is not present, then that is something that can be negotiated in a plea deal.
How Much Do You Rely On Science In Defending A Drug DUI Case?
The first line of defense is an overview of the process and looking for breaks in the links of that chain. But science does come into play because the State is relying on science to convict you. That can mean a lot of things. It could mean hiring an expert to testify on your behalf, having another lab look at your sample or having you evaluated by a medical professional. Each case is different and having an attorney who knows how to fight for you can make all the difference in the world.
Why Is It Necessary To Retain An Experienced Attorney To Handle A Drug DUI Case?
DUI cases, especially DUI drug cases, have many different aspects to them. The rules and laws can be very tedious and complex. Hiring an experienced Oklahoma DUI attorney that has experience means hiring an attorney who has seen these types of cases before and who knows what to look for. Attorneys are like doctors, they have specialties, and just like you would ask your foot doctor to operate on your brain, you don’t want the attorney who wrote your will handling a criminal matter. Your life and liberty are too important to leave in the hands of someone without the skill and know-how to fight for you.